DNA and serology Cases in korea

How sure are you that the prosecution will treat your dna evidence without bias?

Every year, hundreds of service members are accused of military crimes. And without fail, DNA and serology evidence plays a dramatic role in the outcome of the cases where it’s involved. DNA evidence will make or break a case, and yet service members and their defense attorneys are typically blissfully ignorant on the science behind the forensic evidence and how to utilize it in court. This makes absolutely no sense to us, and we expect it makes absolutely no sense to you.

Bilecki & Tipon has spent years working on cases where DNA evidence is present. We understand the types of tests that are used and the results that those tests provide. We’ve learned over the years when to go by the prosecution’s DNA evidence, and when to have our own forensic DNA specialists take a second look. If the prosecutors take their evidence too far, we can catch them in the act and use their own evidence against them, oftentimes ensuring a complete meltdown of their case.

our strategies take every type of dna test into account

The prosecution can easily fool an unprepared defense attorney with the DNA evidence they’ve acquired. This is especially the case for court martial defense attorneys who don’t have a comprehensive understanding of the science behind the testing and aren’t interested in delving into every nuanced detail of the prosecution’s DNA reports. We don’t even need to mention how these cases end up turning out.

Bilecki & Tipon is so focused on DNA evidence that we have been studying its use in a court for over a decade. Three tests in particular are critical to understand if you want to break the prosecution’s hold on the case’s DNA evidence:

  • Autosomal STR DNA: This is powerful DNA evidence which can pinpoint two separate samples of DNA with extreme accuracy (odds as high as if not higher than 1 in 1 sextillion to be precise).
  • Y-STR DNA: This type of DNA evidence will identify male DNA within a mixed DNA sample. The prosecution will often use this type of evidence in a sexual assault case, “proving” that the DNA of the accused was found after taking a swab sample from the victim. But Y-STR DNA isn’t nearly as discriminating as Autosomal STR DNA testing and is replete with limitations that can be exploited in court.
  • Serology Testing: This test is performed before any other DNA test, and is used to determine whether further DNA testing is even necessary. Serology testing can indicate the presence of bodily fluids but cannot be used to determine the exact DNA makeup of that semen.

The prosecution’s DNA narrative isn’t safe around Bilecki & Tipon

DNA evidence never lies—but the prosecution certainly might. Expect them to twist the results of the DNA and serology evidence in every way imaginable to ensure the jury remains convinced of their argument. We routinely see USACIL forensic biologists try to get “creative” with their testimony in order to inculpate the accused instead of just playing it straight.

Prosecutors and USACIL forensic biologists are rarely confronted by their counterparts on the other side of the aisle, and they’ve become complacent in their use of DNA evidence, showing rampant bias in their conclusions and testimony and almost inviting someone to question their assumptions. So it comes as no surprise that when Bilecki & Tipon walk into the courtroom with heaps of questions prepared in advance, they have no idea what hit them.

In fact, Mr. Bilecki’s various cross-examinations have formed the basis for training certain Forensic Biologists on how to testify in court. If they were simply testifying to what the evidence showed and not attempting to help convict the accused, why would this type of training even be necessary?

In case after case, we can consistently undermine the prosecution’s DNA evidence by building our court narrative and strategies using these questions:

· Does the DNA evidence actually prove any wrongdoing? If this is a sexual assault case, does the DNA testing advance the theory that the victim actually consented to sex?

· What type of DNA test is being used? Is the prosecution is using Y-STR DNA to put our client at the scene of the crime?

· Will a third party DNA specialist be a useful asset to us in this particular case?

· What evidence was collected and not tested? What could have been shown?

· If DNA evidence is NOT present, can we use that to help our client escape a conviction?

· Does any additional evidence exist that could refute the DNA evidence? Is the DNA evidence alone enough to convict our client?

These questions often allow us to build a very effective case regardless of the type of DNA evidence in use. They’ve actually allowed us to use the prosecution’s own DNA evidence against them.

the prosecution’s dna evidence often doesn’t stand a chance against bilecki & Tipon

DNA evidence can often sink your case or set you free. It’s up to your defense attorneys to maximize its utility and ensure it fits squarely into your case’s theory of defense. Unless you want the prosecution to have full control over this critical piece of evidence, you’ll want to hire the best defense team possible for your court martial trial.

Don’t allow your case to be sunk by DNA evidence. Call our law firm 24 hours a day, 7 days a week to set up your initial consultation with the experienced lawyers at Bilecki & Tipon today! (800) 996-9747.